JUDICIAL ETHICS — Bias — Allegation of judicial bias — Burden of proof — Requirement of cogent evidence
Ratio Decidendi
Per Muhammad, JSC, in Womiloju & Ors v. Anibire & Ors (2010) NLC-123-211-2002(SC) at p. 7, paras. D–E:
"He who asserts must prove. The language of section 135(1) of the Evidence Act, Chapter E14 LFN, 2004 is that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist."
Explanation / Scope
This principle establishes that the burden of proving an allegation of judicial bias rests on the party asserting it. Under Section 135(1) of the Evidence Act, whoever desires a court to give judgment on a legal right or liability dependent on facts they assert must prove those facts exist. The principle applies where bias is alleged. It ensures that the party alleging bias proves it. The principle reflects the general rule of burden of proof. It prevents unsubstantiated allegations of bias. The court must require proof of the alleged bias. The principle provides guidance on the burden of proof for bias.